II 

114TH CONGRESS 

1ST SESSION S. 1112 

To amend the Occupational Safety and Health Act of 1970 to expand coverage under the Act, to increase protections for whistleblowers, to increase penalties for high gravity violations, to adjust penalties for inflation, to provide rights for victims or their family members, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2015 

Mr. FRANKEN (for himself and Mrs. MURRAY) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Occupational Safety and Health Act of 1970 

to expand coverage under the Act, to increase protections 

for whistleblowers, to increase penalties for high gravity 

violations, to adjust penalties for inflation, to provide 

rights for victims or their family members, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Protecting America’s Workers Act’’. 

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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References. 

TITLE I—COVERAGE OF PUBLIC EMPLOYEES AND APPLICATION 

OF ACT 

Sec. 101. Coverage of public employees. 

Sec. 102. Application of Act. 

TITLE II—INCREASING WHISTLEBLOWER PROTECTIONS 

Sec. 201. Enhanced protections from retaliation. 

TITLE III—IMPROVING REPORTING, INSPECTION, AND 

ENFORCEMENT 

Sec. 301. Employer duties. 

Sec. 302. Recording and reporting of occupational injuries and illnesses. 

Sec. 303. Posting of employee rights. 

Sec. 304. Employer reporting of work-related deaths and hospitalizations and 

prohibition on discouraging employee reports of injury or illness. 

Sec. 305. No loss of employee pay for inspections. 

Sec. 306. Investigations of fatalities and significant incidents. 

Sec. 307. Prohibition on unclassified citations. 

Sec. 308. Victims’ rights. 

Sec. 309. Right to contest citations and penalties. 

Sec. 310. Correction of serious, willful, or repeated violations pending contest 

and procedures for a stay. 

Sec. 311. Conforming amendments. 

Sec. 312. Civil penalties. 

Sec. 313. Criminal penalties. 

Sec. 314. Prejudgment interest. 

TITLE IV—STATE PLANS 

Sec. 401. Concurrent enforcement authority and review of State occupational 

safety and health plans. 

TITLE V—NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY 

AND HEALTH 

Sec. 501. Health hazard evaluations by the National Institute for Occupational 

Safety and Health. 

TITLE VI—EFFECTIVE DATE 

Sec. 601. Effective date. 

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1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of the Occupational Safety and 

7 Health Act of 1970 (29 U.S.C. 651 et seq.). 

8 TITLE I—COVERAGE OF PUBLIC 

9 EMPLOYEES AND APPLICA10 TION OF ACT 

11 SEC. 101. COVERAGE OF PUBLIC EMPLOYEES. 

12 (a) IN GENERAL.—Section 3(5) (29 U.S.C. 652(5)) 

13 is amended by striking ‘‘but does not include’’ and all that 

14 follows through the period at the end and inserting ‘‘in15 cluding the United States, a State, or a political subdivi16 sion of a State.’’. 

17 (b) CONSTRUCTION.—Nothing in this Act shall be 

18 construed to affect the application of section 18 of the Oc19 cupational Safety and Health Act of 1970 (29 U.S.C. 

20 667). 

21 SEC. 102. APPLICATION OF ACT. 

22 Section 4(b) (29 U.S.C. 653(b)) is amended— 

23 (1) by redesignating paragraphs (2), (3), and 

24 (4) as paragraphs (5), (6), and (7), respectively; and 

25 (2) by striking paragraph (1) and inserting the 

26 following: 

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1 ‘‘(1) If a Federal agency has promulgated and is en2 forcing a standard or regulation affecting occupational 

3 safety or health of some or all of the employees within 

4 that agency’s regulatory jurisdiction, and the Secretary 

5 determines that such a standard or regulation as promul6 gated and the manner in which the standard or regulation 

7 is being enforced provides protection to those employees 

8 that is at least as effective as the protection provided to 

9 those employees by this Act and the Secretary’s enforce10 ment of this Act, the Secretary may publish a certification 

11 notice in the Federal Register. The notice shall set forth 

12 that determination and the reasons for the determination 

13 and certify that the Secretary has ceded jurisdiction to 

14 that Federal agency with respect to the specified standard 

15 or regulation affecting occupational safety or health. In 

16 determining whether to cede jurisdiction to a Federal 

17 agency, the Secretary shall seek to avoid duplication of, 

18 and conflicts between, health and safety requirements. 

19 Such certification shall remain in effect unless and until 

20 rescinded by the Secretary. 

21 ‘‘(2) The Secretary shall, by regulation, establish pro22 cedures by which any person who may be adversely af23 fected by a decision of the Secretary certifying that the 

24 Secretary has ceded jurisdiction to another Federal agency 

25 pursuant to paragraph (1) may petition the Secretary to 

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1 rescind a certification notice under paragraph (1). Upon 

2 receipt of such a petition, the Secretary shall investigate 

3 the matter involved and shall, within 90 days after receipt 

4 of the petition, publish a decision with respect to the peti5 tion in the Federal Register. 

6 ‘‘(3) Any person who may be adversely affected by— 

7 ‘‘(A) a decision of the Secretary certifying that 

8 the Secretary has ceded jurisdiction to another Fed9 eral agency pursuant to paragraph (1); or 

10 ‘‘(B) a decision of the Secretary denying a peti11 tion to rescind such a certification notice under 

12 paragraph (1), 

13 may, not later than 60 days after such decision is pub14 lished in the Federal Register, file a petition challenging 

15 such decision with the United States court of appeals for 

16 the circuit in which such person resides or such person 

17 has a principal place of business, for judicial review of 

18 such decision. A copy of the petition shall be forthwith 

19 transmitted by the clerk of the court to the Secretary. The 

20 Secretary’s decision shall be set aside if found to be arbi21 trary, capricious, an abuse of discretion, or otherwise not 

22 in accordance with law. 

23 ‘‘(4) Nothing in this Act shall apply to working condi24 tions covered by the Federal Mine Safety and Health Act 

25 of 1977 (30 U.S.C. 801 et seq.).’’. 

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1 TITLE II—INCREASING 

2 WHISTLEBLOWER PROTECTIONS 

3 SEC. 201. ENHANCED PROTECTIONS FROM RETALIATION. 

4 (a) EMPLOYEE ACTIONS.—Section 11(c)(1) (29 

5 U.S.C. 660(c)(1)) is amended— 

6 (1) by striking ‘‘(c)(1)’’ and inserting the fol7 lowing: ‘‘(c) EMPLOYEE ACTIONS.— 

8 ‘‘(1) IN GENERAL.—’’; 

9 (2) by striking ‘‘discharge’’ and all that follows 

10 through ‘‘because such’’ and inserting the following: 

11 ‘‘discharge or cause to be discharged, or in any man12 ner discriminate against or cause to be discriminated 

13 against, any employee because— 

14 ‘‘(A) such’’; 

15 (3) by striking ‘‘this Act or has’’ and inserting 

16 the following: ‘‘this Act; 

17 ‘‘(B) such employee has’’; 

18 (4) by striking ‘‘in any such proceeding or be19 cause of the exercise’’ and inserting the following: 

20 ‘‘before Congress or in any Federal or State pro21 ceeding related to safety or health; 

22 ‘‘(C) such employee has refused to violate 

23 any provision of this Act; or 

24 ‘‘(D) of the exercise’’; and 

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1 (5) by inserting before the period at the end the 

2 following: ‘‘, including the reporting of any injury, 

3 illness, or unsafe condition to the employer, agent of 

4 the employer, safety and health committee involved, 

5 or employee safety and health representative in6 volved’’. 

7 (b) PROHIBITION OF RETALIATION.—Section 11(c) 

8 (29 U.S.C. 660(c)) is amended by striking paragraph (2) 

9 and inserting the following: 

10 ‘‘(2) PROHIBITION OF RETALIATION.— 

11 ‘‘(A) IN GENERAL.—No person shall dis12 charge, or cause to be discharged, or in any 

13 manner discriminate against, or cause to be dis14 criminated against, an employee for refusing to 

15 perform the employee’s duties if the employee 

16 has a reasonable apprehension that performing 

17 such duties would result in serious injury to, or 

18 serious impairment of the health of, the em19 ployee or other employees. 

20 ‘‘(B) CIRCUMSTANCES.—For purposes of 

21 subparagraph (A), the circumstances causing 

22 the employee’s good-faith belief that performing 

23 such duties would pose a safety or health haz24 ard shall be of such a nature that a reasonable 

25 person, under the circumstances confronting the 

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1 employee, would conclude that there is such a 

2 hazard. In order to qualify for protection under 

3 this paragraph, the employee, when practicable, 

4 shall have communicated or attempted to com5 municate the safety or health concern to the 

6 employer and have not received from the em7 ployer a response reasonably calculated to allay 

8 such concern.’’. 

9 (c) PROCEDURE.—Section 11(c) (29 U.S.C. 660(c)) 

10 is amended by striking paragraph (3) and inserting the 

11 following: 

12 ‘‘(3) COMPLAINT.—Any employee who believes 

13 that the employee has been discharged, disciplined, 

14 or otherwise discriminated against by any person in 

15 violation of paragraph (1) or (2) may seek relief for 

16 such violation by filing a complaint with the Sec17 retary under paragraph (5). 

18 ‘‘(4) STATUTE OF LIMITATIONS.— 

19 ‘‘(A) IN GENERAL.—An employee may take 

20 the action permitted by paragraph (3) not later 

21 than 180 days after the later of— 

22 ‘‘(i) the date on which an alleged vio23 lation of paragraph (1) or (2) occurs; or 

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1 ‘‘(ii) the date on which the employee 

2 knows or should reasonably have known 

3 that such alleged violation occurred. 

4 ‘‘(B) REPEAT VIOLATION.—Except in 

5 cases when the employee has been discharged, 

6 a violation of paragraph (1) or (2) shall be con7 sidered to have occurred on the last date an al8 leged repeat violation occurred. 

9 ‘‘(5) INVESTIGATION.— 

10 ‘‘(A) IN GENERAL.—An employee may, 

11 within the time period required under para12 graph (4), file a complaint with the Secretary 

13 alleging a violation of paragraph (1) or (2). If 

14 the complaint alleges a prima facie case, the 

15 Secretary shall conduct an investigation of the 

16 allegations in the complaint, which— 

17 ‘‘(i) shall include— 

18 ‘‘(I) interviewing the complain19 ant; 

20 ‘‘(II) providing the respondent an 

21 opportunity to— 

22 ‘‘(aa) submit to the Sec23 retary a written response to the 

24 complaint; and 

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1 ‘‘(bb) meet with the Sec2 retary to present statements from 

3 witnesses or provide evidence; 

4 and 

5 ‘‘(III) providing the complainant 

6 an opportunity to— 

7 ‘‘(aa) receive any statements 

8 or evidence provided to the Sec9 retary; 

10 ‘‘(bb) meet with the Sec11 retary; and 

12 ‘‘(cc) rebut any statements 

13 or evidence; and 

14 ‘‘(ii) may include issuing subpoenas 

15 for the purposes of such investigation. 

16 ‘‘(B) DECISION.—Not later than 90 days 

17 after the filing of the complaint, the Secretary 

18 shall— 

19 ‘‘(i) determine whether reasonable 

20 cause exists to believe that a violation of 

21 paragraph (1) or (2) has occurred; and 

22 ‘‘(ii) issue a decision granting or de23 nying relief. 

24 ‘‘(6) PRELIMINARY ORDER FOLLOWING INVES25 TIGATION.—If, after completion of an investigation 

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1 under paragraph (5)(A), the Secretary finds reason2 able cause to believe that a violation of paragraph 

3 (1) or (2) has occurred, the Secretary shall issue a 

4 preliminary order providing relief authorized under 

5 paragraph (14) at the same time the Secretary 

6 issues a decision under paragraph (5)(B). If a de 

7 novo hearing is not requested within the time period 

8 required under paragraph (7)(A)(i), such prelimi9 nary order shall be deemed a final order of the Sec10 retary and is not subject to judicial review. 

11 ‘‘(7) HEARING.— 

12 ‘‘(A) REQUEST FOR HEARING.— 

13 ‘‘(i) IN GENERAL.—A de novo hearing 

14 on the record before an administrative law 

15 judge may be requested— 

16 ‘‘(I) by the complainant or re17 spondent within 30 days after receiv18 ing notification of a decision granting 

19 or denying relief issued under para20 graph (5)(B) or a preliminary order 

21 under paragraph (6), respectively; 

22 ‘‘(II) by the complainant within 

23 30 days after the date the complaint 

24 is dismissed without investigation by 

25 the Secretary under paragraph (5); or 

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1 ‘‘(III) by the complainant within 

2 120 days after the date of filing the 

3 complaint, if the Secretary has not 

4 issued a decision under paragraph 

5 (5)(B). 

6 ‘‘(ii) REINSTATEMENT ORDER.—The 

7 request for a hearing shall not operate to 

8 stay any preliminary reinstatement order 

9 issued under paragraph (6). 

10 ‘‘(B) PROCEDURES.— 

11 ‘‘(i) IN GENERAL.—A hearing re12 quested under this paragraph shall be con13 ducted expeditiously and in accordance 

14 with rules established by the Secretary for 

15 hearings conducted by administrative law 

16 judges. 

17 ‘‘(ii) SUBPOENAS; PRODUCTION OF

18 EVIDENCE.—In conducting any such hear19 ing, the administrative law judge may issue 

20 subpoenas. The respondent or complainant 

21 may request the issuance of subpoenas 

22 that require the deposition of, or the at23 tendance and testimony of, witnesses and 

24 the production of any evidence (including 

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1 ings) relating to the matter under consid2 eration. 

3 ‘‘(iii) DECISION.—The administrative 

4 law judge shall issue a decision not later 

5 than 90 days after the date on which a 

6 hearing was requested under this para7 graph and promptly notify, in writing, the 

8 parties and the Secretary of such decision, 

9 including the findings of fact and conclu10 sions of law. If the administrative law 

11 judge finds that a violation of paragraph 

12 (1) or (2) has occurred, the judge shall 

13 issue an order for relief under paragraph 

14 (14). If review under paragraph (8) is not 

15 timely requested, such order shall be 

16 deemed a final order of the Secretary that 

17 is not subject to judicial review. 

18 ‘‘(8) ADMINISTRATIVE APPEAL.— 

19 ‘‘(A) IN GENERAL.—Not later than 30 

20 days after the date of notification of a decision 

21 and order issued by an administrative law judge 

22 under paragraph (7), the complainant or re23 spondent may file, with objections, an adminis24 trative appeal with an administrative review 

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1 body designated by the Secretary (referred to in 

2 this paragraph as the ‘review board’). 

3 ‘‘(B) STANDARD OF REVIEW.—In review4 ing the decision and order of the administrative 

5 law judge, the review board shall affirm the de6 cision and order if it is determined that the fac7 tual findings set forth therein are supported by 

8 substantial evidence and the decision and order 

9 are made in accordance with applicable law. 

10 ‘‘(C) DECISIONS.—If the review board 

11 grants an administrative appeal, the review 

12 board shall issue a final decision and order af13 firming or reversing, in whole or in part, the 

14 decision under review by not later than 90 days 

15 after receipt of the administrative appeal. If it 

16 is determined that a violation of paragraph (1) 

17 or (2) has occurred, the review board shall issue 

18 a final decision and order providing relief au19 thorized under paragraph (14). Such decision 

20 and order shall constitute final agency action 

21 with respect to the matter appealed. 

22 ‘‘(9) SETTLEMENT IN THE ADMINISTRATIVE

23 PROCESS.— 

24 ‘‘(A) IN GENERAL.—At any time before 

25 issuance of a final order, an investigation or 

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1 proceeding under this subsection may be termi2 nated on the basis of a settlement agreement 

3 entered into by the parties. 

4 ‘‘(B) PUBLIC POLICY CONSIDERATIONS.— 

5 Neither the Secretary, an administrative law 

6 judge, nor the review board conducting a hear7 ing under this subsection shall accept a settle8 ment that contains conditions conflicting with 

9 the rights protected under this Act or that are 

10 contrary to public policy, including a restriction 

11 on a complainant’s right to future employment 

12 with employers other than the specific employ13 ers named in a complaint. 

14 ‘‘(10) INACTION BY THE REVIEW BOARD OR AD15 MINISTRATIVE LAW JUDGE.— 

16 ‘‘(A) IN GENERAL.—The complainant may 

17 bring a de novo action described in subpara18 graph (B) if— 

19 ‘‘(i) an administrative law judge has 

20 not issued a decision and order within the 

21 90-day time period required under para22 graph (7)(B)(iii); or 

23 ‘‘(ii) the review board has not issued 

24 a decision and order within the 90-day 

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1 time period required under paragraph 

2 (8)(C). 

3 ‘‘(B) DE NOVO ACTION.—Such de novo ac4 tion may be brought at law or equity in the 

5 United States district court for the district 

6 where a violation of paragraph (1) or (2) alleg7 edly occurred or where the complainant resided 

8 on the date of such alleged violation. The court 

9 shall have jurisdiction over such action without 

10 regard to the amount in controversy and to 

11 order appropriate relief under paragraph (14). 

12 Such action shall, at the request of either party 

13 to such action, be tried by the court with a 

14 jury. 

15 ‘‘(11) JUDICIAL REVIEW.— 

16 ‘‘(A) TIMELY APPEAL TO THE COURT OF

17 APPEALS.—Any party adversely affected or ag18 grieved by a final decision and order issued 

19 under this subsection may obtain review of such 

20 decision and order in the United States Court 

21 of Appeals for the circuit where the violation, 

22 with respect to which such final decision and 

23 order was issued, allegedly occurred or where 

24 the complainant resided on the date of such al25 leged violation. To obtain such review, a party 

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1 shall file a petition for review not later than 60 

2 days after the final decision and order was 

3 issued. Such review shall conform to chapter 7 

4 of title 5, United States Code. The commence5 ment of proceedings under this subparagraph 

6 shall not, unless ordered by the court, operate 

7 as a stay of the final decision and order. 

8 ‘‘(B) LIMITATION ON COLLATERAL AT9 TACK.—An order and decision with respect to 

10 which review may be obtained under subpara11 graph (A) shall not be subject to judicial review 

12 in any criminal or other civil proceeding. 

13 ‘‘(12) ENFORCEMENT OF ORDER.—If a re14 spondent fails to comply with an order issued under 

15 this subsection, the Secretary or the complainant on 

16 whose behalf the order was issued may file a civil ac17 tion for enforcement in the United States district 

18 court for the district in which the violation was 

19 found to occur to enforce such order. If both the 

20 Secretary and the complainant file such action, the 

21 action of the Secretary shall take precedence. The 

22 district court shall have jurisdiction to grant all ap23 propriate relief described in paragraph (14). 

24 ‘‘(13) BURDENS OF PROOF.— 

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1 ‘‘(A) CRITERIA FOR DETERMINATION.—In 

2 making a determination or adjudicating a com3 plaint pursuant to this subsection, the Sec4 retary or an administrative law judge, review 

5 board, or court may determine that a violation 

6 of paragraph (1) or (2) has occurred only if the 

7 complainant demonstrates that any conduct de8 scribed in paragraph (1) or (2) with respect to 

9 the complainant was a contributing factor in 

10 the adverse action alleged in the complaint. 

11 ‘‘(B) PROHIBITION.—Notwithstanding sub12 paragraph (A), a decision or order that is favor13 able to the complainant shall not be issued in 

14 any administrative or judicial action pursuant 

15 to this subsection if the respondent dem16 onstrates by clear and convincing evidence that 

17 the respondent would have taken the same ad18 verse action in the absence of such conduct. 

19 ‘‘(14) RELIEF.— 

20 ‘‘(A) ORDER FOR RELIEF.—If the Sec21 retary or an administrative law judge, review 

22 board, or court determines that a violation of 

23 paragraph (1) or (2) has occurred, the Sec24 retary, administrative law judge, review board, 

25 or court, respectively, shall have jurisdiction to 

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1 order all appropriate relief, including injunctive 

2 relief and compensatory and exemplary dam3 ages, including— 

4 ‘‘(i) affirmative action to abate the 

5 violation; 

6 ‘‘(ii) reinstatement without loss of po7 sition or seniority, and restoration of the 

8 terms, rights, conditions, and privileges as9 sociated with the complainant’s employ10 ment, including opportunities for pro11 motions to positions with equivalent or bet12 ter compensation for which the complain13 ant is qualified; 

14 ‘‘(iii) compensatory and consequential 

15 damages sufficient to make the complain16 ant whole (including back pay, prejudg17 ment interest, and other damages); and 

18 ‘‘(iv) expungement of all warnings, 

19 reprimands, or derogatory references that 

20 have been placed in paper or electronic 

21 records or databases of any type relating 

22 to the actions by the complainant that 

23 gave rise to the unfavorable personnel ac24 tion, and, at the complainant’s direction, 

25 transmission of a copy of the decision on 

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1 the complaint to any person whom the 

2 complainant reasonably believes may have 

3 received such unfavorable information. 

4 ‘‘(B) ATTORNEYS’ FEES AND COSTS.—If 

5 the Secretary, administrative law judge, review 

6 board, or court grants an order for relief under 

7 subparagraph (A), the Secretary, administrative 

8 law judge, review board, or court, respectively, 

9 shall assess, at the request of the employee 

10 against the employer— 

11 ‘‘(i) reasonable attorneys’ fees; and 

12 ‘‘(ii) costs (including expert witness 

13 fees) reasonably incurred, as determined 

14 by the Secretary, administrative law judge, 

15 review board, or court, respectively, in con16 nection with bringing the complaint upon 

17 which the order was issued. 

18 ‘‘(15) PROCEDURAL RIGHTS.—The rights and 

19 remedies provided for in this subsection may not be 

20 waived by any agreement, policy, form, or condition 

21 of employment, including by any pre-dispute arbitra22 tion agreement or collective bargaining agreement. 

23 ‘‘(16) SAVINGS.—Nothing in this subsection 

24 shall be construed to diminish the rights, privileges, 

25 or remedies of any employee who exercises rights 

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1 under any Federal or State law or common law, or 

2 under any collective bargaining agreement. 

3 ‘‘(17) ELECTION OF VENUE.— 

4 ‘‘(A) IN GENERAL.—An employee of an 

5 employer who is located in a State that has a 

6 State plan approved under section 18 may file 

7 a complaint alleging a violation of paragraph 

8 (1) or (2) by such employer with— 

9 ‘‘(i) the Secretary under paragraph 

10 (5); or 

11 ‘‘(ii) a State plan administrator in 

12 such State. 

13 ‘‘(B) REFERRALS.—If— 

14 ‘‘(i) the Secretary receives a complaint 

15 pursuant to subparagraph (A)(i), the Sec16 retary shall not refer such complaint to a 

17 State plan administrator for resolution; or 

18 ‘‘(ii) a State plan administrator re19 ceives a complaint pursuant to subpara20 graph (A)(ii), the State plan administrator 

21 shall not refer such complaint to the Sec22 retary for resolution.’’. 

23 (d) RELATION TO ENFORCEMENT.—Section 17(j) 

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1 riod the following: ‘‘, including the history of violations 

2 under section 11(c)’’. 

3 TITLE III—IMPROVING REPORT4 ING, INSPECTION, AND EN5 FORCEMENT 

6 SEC. 301. EMPLOYER DUTIES. 

7 Section 5(a)(1) (29 U.S.C. 654(a)(1)) is amended to 

8 read as follows: 

9 ‘‘(1) shall furnish employment and a place of 

10 employment which are free from recognized hazards 

11 that are causing or are likely to cause death or seri12 ous physical harm to each employee of the employer 

13 or any other individual performing work at the place 

14 of employment; and’’. 

15 SEC. 302. RECORDING AND REPORTING OF OCCUPATIONAL 

16 INJURIES AND ILLNESSES. 

17 Section 8(c)(2) (29 U.S.C. 657(c)(2)) is amended— 

18 (1) by striking ‘‘The Secretary,’’ and inserting 

19 ‘‘(A) The Secretary,’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(B) Not later than 180 days after the date of enact22 ment of the Protecting America’s Workers Act, the Sec23 retary shall revise the regulations in part 1904 of title 29, 

24 Code of Federal Regulations, concerning the recording 

25 and reporting of occupational injuries and illnesses under 

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1 this Act, to require site-controlling employers to keep a 

2 site log for all recordable injuries and illnesses occurring 

3 among all employees on the particular site, including em4 ployees of the site-controlling employer or others who are 

5 performing work at the particular site (including inde6 pendent contractors). 

7 ‘‘(C) As used in this paragraph, the term ‘site-con8 trolling employer’ means the employer that has primary 

9 control over a worksite at which employees of more than 

10 one employer work, such as by hiring or coordinating the 

11 work of other employers working at the site.’’. 

12 SEC. 303. POSTING OF EMPLOYEE RIGHTS. 

13 Section 8(c)(1) (29 U.S.C. 657(c)(1)) is amended by 

14 adding at the end the following new sentence: ‘‘Such regu15 lations shall include provisions requiring employers to post 

16 for employees information on the protections afforded 

17 under section 11(c).’’. 

18 SEC. 304. EMPLOYER REPORTING OF WORK-RELATED 

19 DEATHS AND HOSPITALIZATIONS AND PROHI20 BITION ON DISCOURAGING EMPLOYEE RE21 PORTS OF INJURY OR ILLNESS. 

22 Section 8(c)(2) (29 U.S.C. 657(c)(2)) is amended by 

23 adding at the end the following new sentences: ‘‘Such reg24 ulations shall require employers to promptly notify the 

25 Secretary of any work-related death or work-related injury 

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1 or illness that results in the in-patient hospitalization of 

2 an employee for medical treatment. Such regulations shall 

3 also prohibit the employer from adopting or implementing 

4 policies or practices by the employer that have the effect 

5 of discouraging accurate recordkeeping and the reporting 

6 of work-related injuries or illnesses by any employee or 

7 in any manner discriminate or provide for adverse action 

8 against any employee for reporting a work-related injury 

9 or illness.’’. 

10 SEC. 305. NO LOSS OF EMPLOYEE PAY FOR INSPECTIONS. 

11 Section 8(e) (29 U.S.C. 657(e)) is amended by insert12 ing after the first sentence the following: ‘‘Time spent by 

13 an employee participating in or aiding any such inspection 

14 shall be deemed to be hours worked and no employee shall 

15 suffer any loss of wages, benefits, or other terms and con16 ditions of employment for having participated in or aided 

17 any such inspection.’’. 

18 SEC. 306. INVESTIGATIONS OF FATALITIES AND SIGNIFI19 CANT INCIDENTS. 

20 Section 8 (29 U.S.C. 657) is amended by adding at 

21 the end the following: 

22 ‘‘(i) INVESTIGATION OF FATALITIES AND SERIOUS

23 INCIDENTS.— 

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1 ‘‘(1) IN GENERAL.—The Secretary shall investigate 

2 any significant incident, or any incident resulting in death, 

3 that occurs in a place of employment. 

4 ‘‘(2) APPROPRIATE MEASURES.—If a significant inci5 dent or an incident resulting in death occurs in a place 

6 of employment, the employer shall promptly notify the 

7 Secretary of the incident involved and shall take appro8 priate measures to prevent the destruction or alteration 

9 of any evidence that would assist in investigating the inci10 dent. The appropriate measures required by this para11 graph do not prevent an employer from taking action on 

12 a worksite to prevent injury to employees or substantial 

13 damage to property or to avoid disruption of essential 

14 services necessary to public safety. If an employer takes 

15 such action, the employer shall notify the Secretary of the 

16 action in a timely fashion. 

17 ‘‘(3) DEFINITIONS.—In this subsection: 

18 ‘‘(A) INCIDENT RESULTING IN DEATH.—The 

19 term ‘incident resulting in death’ means an incident 

20 that results in the death of an employee. 

21 ‘‘(B) SIGNIFICANT INCIDENT.—The term ‘sig22 nificant incident’ means an incident that results in 

23 the in-patient hospitalization of 2 or more employees 

24 for medical treatment.’’. 

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1 SEC. 307. PROHIBITION ON UNCLASSIFIED CITATIONS. 

2 Section 9 (29 U.S.C. 658) is amended by adding at 

3 the end the following: 

4 ‘‘(d) No citation for a violation of this Act may be 

5 issued, modified, or settled under this section without a 

6 designation enumerated in section 17 with respect to such 

7 violation.’’. 

8 SEC. 308. VICTIMS’ RIGHTS. 

9 The Act is amended by inserting after section 9 (29 

10 U.S.C. 658) the following: 

11 ‘‘SEC. 9A. VICTIMS’ RIGHTS. 

12 ‘‘(a) RIGHTS BEFORE THE SECRETARY.—A victim, 

13 or the representative of a victim, shall be afforded the 

14 right, with respect to an inspection or investigation con15 ducted under section 8, to— 

16 ‘‘(1) meet with the Secretary regarding the in17 spection or investigation conducted under such sec18 tion before the Secretary’s decision to issue a cita19 tion or take no action; 

20 ‘‘(2) receive, at no cost, a copy of any citation 

21 or report, issued as a result of such inspection or in22 vestigation, at the same time as the employer re23 ceives such citation or report; 

24 ‘‘(3) be informed of any notice of contest or ad25 dition of parties to the proceedings filed under sec26 tion 10(c); and 

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1 ‘‘(4) be provided notification of the date and 

2 time or any proceedings, service of pleadings, and 

3 other relevant documents, and an explanation of the 

4 rights of the employer, employee and employee rep5 resentative, and victim to participate in proceedings 

6 conducted under section 10(c). 

7 ‘‘(b) RIGHTS BEFORE THE COMMISSION.—Upon re8 quest, a victim or representative of a victim shall be af9 forded the right with respect to a work-related bodily in10 jury or death to— 

11 ‘‘(1) be notified of the time and date of any 

12 proceeding before the Commission; 

13 ‘‘(2) receive pleadings and any decisions relat14 ing to the proceedings; and 

15 ‘‘(3) be provided an opportunity to appear and 

16 make a statement in accordance with the rules pre17 scribed by the Commission. 

18 ‘‘(c) MODIFICATION OF CITATION.—Before entering 

19 into an agreement to withdraw or modify a citation issued 

20 as a result of an inspection or investigation of an incident 

21 under section 8, the Secretary shall notify a victim or rep22 resentative of a victim and provide the victim or represent23 ative of a victim with an opportunity to appear and make 

24 a statement before the parties conducting settlement nego25 tiations. In lieu of an appearance, the victim or representmstockstill on DSK4VPTVN1PROD with BILLS

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1 ative of the victim may elect to submit a letter to the Sec2 retary and the parties. 

3 ‘‘(d) SECRETARY PROCEDURES.—The Secretary shall 

4 establish procedures— 

5 ‘‘(1) to inform victims of their rights under this 

6 section; and 

7 ‘‘(2) for the informal review of any claim of a 

8 denial of such a right. 

9 ‘‘(e) COMMISSION PROCEDURES AND CONSIDER10 ATIONS.—The Commission shall— 

11 ‘‘(1) establish procedures relating to the rights 

12 of victims to be heard in proceedings before the 

13 Commission; and 

14 ‘‘(2) in rendering any decision, provide due con15 sideration to any statement or information provided 

16 by any victim before the Commission. 

17 ‘‘(f) FAMILY LIAISONS.—The Secretary shall des18 ignate at least 1 employee at each area office of the Occu19 pational Safety and Health Administration to serve as a 

20 family liaison to— 

21 ‘‘(1) keep victims informed of the status of in22 vestigations, enforcement actions, and settlement ne23 gotiations; and 

24 ‘‘(2) assist victims in asserting their rights 

25 under this section. 

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1 ‘‘(g) DEFINITION.—In this section, the term ‘victim’ 

2 means— 

3 ‘‘(1) an employee, including a former employee, 

4 who has sustained a work-related injury or illness 

5 that is the subject of an inspection or investigation 

6 conducted under section 8; or 

7 ‘‘(2) a family member (as further defined by 

8 the Secretary) of a victim described in paragraph 

9 (1), if— 

10 ‘‘(A) the victim dies as a result of an inci11 dent that is the subject of an inspection or in12 vestigation conducted under section 8; or 

13 ‘‘(B) the victim sustains a work-related in14 jury or illness that is the subject of an inspec15 tion or investigation conducted under section 8, 

16 and the victim because of incapacity cannot rea17 sonably exercise the rights under this section.’’. 

18 SEC. 309. RIGHT TO CONTEST CITATIONS AND PENALTIES. 

19 Section 10(c) (29 U.S.C. 659(c)) is amended— 

20 (1) in the first sentence— 

21 (A) by inserting after ‘‘that he intends to 

22 contest a citation issued under section (9)(a)’’ 

23 the following: ‘‘(or a modification of a citation 

24 issued under this section)’’; 

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1 (B) by inserting after ‘‘the issuance of a 

2 citation under section 9(a)’’ the following: ‘‘(in3 cluding a modification of a citation issued 

4 under this section)’’; and 

5 (C) by inserting after ‘‘files a notice with 

6 the Secretary alleging’’ the following: ‘‘that the 

7 citation fails properly to designate the violation 

8 as serious, willful, or repeated, that the pro9 posed penalty is not adequate, or’’; 

10 (2) by inserting after the first sentence, the fol11 lowing: ‘‘The pendency of a contest before the Com12 mission shall not bar the Secretary from inspecting 

13 a place of employment or from issuing a citation 

14 under section 9.’’; and 

15 (3) by amending the last sentence— 

16 (A) by inserting ‘‘employers and’’ after 

17 ‘‘Commission shall provide’’; and 

18 (B) by inserting before the period at the 

19 end ‘‘, and notification of any modification of a 

20 citation’’. 

21 SEC. 310. CORRECTION OF SERIOUS, WILLFUL, OR RE22 PEATED VIOLATIONS PENDING CONTEST AND 

23 PROCEDURES FOR A STAY. 

24 Section 10 (29 U.S.C. 659) is amended by adding 

25 at the end the following: 

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1 ‘‘(d) CORRECTION OF SERIOUS, WILLFUL, OR RE2 PEATED VIOLATIONS PENDING CONTEST AND PROCE3 DURES FOR A STAY.— 

4 ‘‘(1) PERIOD PERMITTED FOR CORRECTION OF

5 SERIOUS, WILLFUL, OR REPEATED VIOLATIONS.— 

6 For each violation which the Secretary designates as 

7 serious, willful, or repeated, the period permitted for 

8 the correction of the violation shall begin to run 

9 upon receipt of the citation. 

10 ‘‘(2) FILING OF A MOTION OF CONTEST.—The 

11 filing of a notice of contest by an employer— 

12 ‘‘(A) shall not operate as a stay of the pe13 riod for correction of a violation designated as 

14 serious, willful, or repeated; and 

15 ‘‘(B) may operate as a stay of the period 

16 for correction of a violation not designated by 

17 the Secretary as serious, willful, or repeated. 

18 ‘‘(3) CRITERIA AND RULES OF PROCEDURE FOR

19 STAYS.— 

20 ‘‘(A) MOTION FOR A STAY.—An employer 

21 that receives a citation alleging a violation des22 ignated as serious, willful, or repeated and that 

23 files a notice of contest to the citation asserting 

24 that the time set for abatement of the alleged 

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1 istence of the alleged violation may file with the 

2 Commission a motion to stay the period for the 

3 abatement of the violation. 

4 ‘‘(B) CRITERIA.—In determining whether 

5 a stay should be issued on the basis of a motion 

6 filed under subparagraph (A), the Commission 

7 may grant a stay only if the employer has dem8 onstrated— 

9 ‘‘(i) a substantial likelihood of success 

10 on the areas contested under subparagraph 

11 (A); and 

12 ‘‘(ii) that a stay will not adversely af13 fect the health and safety of workers. 

14 ‘‘(C) RULES OF PROCEDURE.—The Com15 mission shall develop rules of procedure for con16 ducting a hearing on a motion filed under sub17 paragraph (A) on an expedited basis. At a min18 imum, such rules shall provide the following: 

19 ‘‘(i) That a hearing before an admin20 istrative law judge shall occur not later 

21 than 15 days following the filing of the 

22 motion for a stay (unless extended at the 

23 request of the employer), and shall provide 

24 for a decision on the motion not later than 

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1 15 days following the hearing (unless ex2 tended at the request of the employer). 

3 ‘‘(ii) That a decision of an administra4 tive law judge on a motion for stay is ren5 dered on a timely basis. 

6 ‘‘(iii) That if a party is aggrieved by 

7 a decision issued by an administrative law 

8 judge regarding the stay, such party has 

9 the right to file an objection with the Com10 mission not later than 5 days after receipt 

11 of the administrative law judge’s decision. 

12 Within 10 days after receipt of the objec13 tion, a Commissioner, if a quorum is seat14 ed pursuant to section 12(f), shall decide 

15 whether to grant review of the objection. 

16 If, within 10 days after receipt of the ob17 jection, no decision is made on whether to 

18 review the decision of the administrative 

19 law judge, the Commission declines to re20 view such decision, or no quorum is seated, 

21 the decision of the administrative law 

22 judge shall become a final order of the 

23 Commission. If the Commission grants re24 view of the objection, the Commission shall 

25 issue a decision regarding the stay not 

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1 later than 30 days after receipt of the ob2 jection. If the Commission fails to issue 

3 such decision within 30 days, the decision 

4 of the administrative law judge shall be5 come a final order of the Commission. 

6 ‘‘(iv) For notification to employees or 

7 representatives of affected employees of re8 quests for such hearings and an oppor9 tunity for affected employees or represent10 atives of affected employees to participate 

11 as parties to such hearings.’’. 

12 SEC. 311. CONFORMING AMENDMENTS. 

13 (a) VIOLATIONS DESIGNATED AS SERIOUS, WILL14 FUL, OR REPEATED.—The first sentence of section 10(b) 

15 (29 U.S.C. 659(b)) is amended by inserting ‘‘, with the 

16 exception of violations designated as serious, willful, or re17 peated,’’ after ‘‘(which period shall not begin to run’’. 

18 (b) JUDICIAL REVIEW.—The first sentence of section 

19 11(a) (29 U.S.C. 660(a)) is amended— 

20 (1) by inserting ‘‘(or the failure of the Commis21 sion, including an administrative law judge, to make 

22 a timely decision on a request for a stay under sec23 tion 10(d))’’ after ‘‘an order of the Commission’’; 

24 (2) by striking ‘‘subsection (c)’’ and inserting 

25 ‘‘subsection (c) or (d)’’; and 

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1 (3) by inserting ‘‘(or in the case of a petition 

2 from a final Commission order regarding a stay 

3 under section 10(d), 15 days)’’ after ‘‘sixty days’’. 

4 (c) FAILURE TO CORRECT VIOLATIONS.—Section 

5 17(d) (29 U.S.C. 666(d)) is amended to read as follows: 

6 ‘‘(d) Any employer who fails to correct a violation 

7 designated by the Secretary as serious, willful, or repeated 

8 and for which a citation has been issued under section 9(a) 

9 within the period permitted for its correction (and a stay 

10 has not been issued by the Commission under section 

11 10(d)) may be assessed a civil penalty of not more than 

12 $7,000 for each day during which such failure or violation 

13 continues. Any employer who fails to correct any other vio14 lation for which a citation has been issued under section 

15 9(a) within the period permitted for its correction (which 

16 period shall not begin to run until the date of the final 

17 order of the Commission in the case of any review pro18 ceeding under section 10 initiated by the employer in good 

19 faith and not solely for delay of avoidance of penalties) 

20 may be assessed a civil penalty of not more than $7,000 

21 for each day during which such failure or violation con22 tinues.’’. 

23 SEC. 312. CIVIL PENALTIES. 

24 (a) IN GENERAL; REPEATED VIOLATIONS.—Section 

25 17 (29 U.S.C. 666) is amended— 

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1 (1) in subsection (a)— 

2 (A) by striking ‘‘$70,000’’ and inserting 

3 ‘‘$120,000’’; 

4 (B) by striking ‘‘$5,000’’ and inserting 

5 ‘‘$8,000’’; and 

6 (C) by adding at the end the following: ‘‘In 

7 determining whether a violation is repeated, the 

8 Secretary or the Commission shall consider the 

9 employer’s history of violations under this Act 

10 and under State occupational safety and health 

11 plans established under section 18. For the pur12 poses of this subsection, a violation is repeated 

13 if the employer who has received the violation 

14 has also received a citation for a violation of the 

15 same, or a substantially similar, standard, regu16 lation, rule, or order, at any other facility in 

17 any State, without regard to whether the stand18 ard, regulation, rule, or order is enforced by the 

19 Secretary or by the State pursuant to section 

20 18. If such a willful or repeated violation 

21 caused or contributed to the death of an em22 ployee, such civil penalty amounts shall be in23 creased to not more than $250,000 for each 

24 such violation, but not less than $50,000 for 

25 each such violation, except that for an employer 

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1 with 25 or fewer employees such penalty shall 

2 not be less than $25,000 for each such viola3 tion.’’; 

4 (2) in subsection (b)— 

5 (A) by striking ‘‘$7,000’’ and inserting 

6 ‘‘$12,000’’; and 

7 (B) by adding at the end the following: ‘‘If 

8 such a violation caused or contributed to the 

9 death of an employee, such civil penalty 

10 amounts shall be increased to not more than 

11 $50,000 for each such violation, but not less 

12 than $20,000 for each such violation, except 

13 that for an employer with 25 or fewer employ14 ees such penalty shall not be less than $10,000 

15 for each such violation.’’; 

16 (3) in subsection (c), by striking ‘‘$7,000’’ and 

17 inserting ‘‘$12,000’’; 

18 (4) in subsection (d), as amended by section 

19 311(c), by striking ‘‘$7,000’’ each place it occurs 

20 and inserting ‘‘$12,000’’; 

21 (5) by redesignating subsections (e) through (i) 

22 and (j) through (l), as subsections (f) through (j) 

23 and (l) through (n), respectively; and 

24 (6) in subsection (j) (as so redesignated) by 

25 striking ‘‘$7,000’’ and inserting ‘‘$12,000’’. 

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1 (b) INFLATION ADJUSTMENT.—Section 17 (29 

2 U.S.C. 666) is further amended by inserting after sub3 section (d) the following: 

4 ‘‘(e) Amounts provided under this section for civil 

5 penalties shall be adjusted by the Secretary at least once 

6 during each 4-year period beginning January 1, 2015, to 

7 account for the percentage increase or decrease in the 

8 Consumer Price Index for all urban consumers during 

9 such period.’’. 

10 SEC. 313. CRIMINAL PENALTIES. 

11 (a) IN GENERAL.—Section 17 (29 U.S.C. 666) (as 

12 amended by section 312) is further amended— 

13 (1) by amending subsection (f) (as redesignated 

14 by section 312(a)(5)) to read as follows: 

15 ‘‘(f)(1) Any employer who knowingly violates any 

16 standard, rule, or order promulgated under section 6 of 

17 this Act, or of any regulation prescribed under this Act, 

18 and that violation caused or significantly contributed to 

19 the death of any employee, shall, upon conviction, be pun20 ished by a fine in accordance with title 18, United States 

21 Code, or by imprisonment for not more than 10 years, or 

22 both, except that if the conviction is for a violation com23 mitted after a first conviction of such person under this 

24 subsection or subsection (j), punishment shall be by a fine 

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1 in accordance with title 18, United States Code, or by im2 prisonment for not more than 20 years, or by both. 

3 ‘‘(2) For the purpose of this subsection, the term ‘em4 ployer’ means, in addition to the definition contained in 

5 section 3 of this Act, any officer or director.’’; 

6 (2) by amending subsection (g) (as redesignated 

7 by section 312(a)(5)) to read as follows: 

8 ‘‘(g) Unless otherwise authorized by this Act, any 

9 person that knowingly gives, causes to give, or attempts 

10 to give or cause to give, advance notice of any inspection 

11 conducted under this Act with the intention of impeding, 

12 interfering with, or adversely affecting the results of such 

13 inspection, shall be fined under title 18, United States 

14 Code, imprisoned for not more than 5 years, or both.’’; 

15 (3) in subsection (h) (as redesignated by section 

16 312(a)(5)), by striking ‘‘fine of not more than 

17 $10,000, or by imprisonment for not more than six 

18 months,’’ and inserting ‘‘fine in accordance with title 

19 18, United States Code, or by imprisonment for not 

20 more than 5 years,’’; and 

21 (4) by inserting after subsection (j) (as redesig22 nated by section 312(a)(5)) the following: 

23 ‘‘(k)(1) Any employer who knowingly violates any 

24 standard, rule, or order promulgated under section 6, or 

25 any regulation prescribed under this Act, and that violamstockstill on DSK4VPTVN1PROD with BILLS

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1 tion caused or significantly contributed to serious bodily 

2 harm to any employee but does not cause death to any 

3 employee, shall, upon conviction, be punished by a fine in 

4 accordance with title 18, United States Code, or by impris5 onment for not more than 5 years, or by both, except that 

6 if the conviction is for a violation committed after a first 

7 conviction of such person under this subsection or sub8 section (f), punishment shall be by a fine in accordance 

9 with title 18, United States Code, or by imprisonment for 

10 not more than 10 years, or by both. 

11 ‘‘(2) For the purpose of this subsection, the term ‘em12 ployer’ means, in addition to the definition contained in 

13 section 3 of this Act, any officer or director. 

14 ‘‘(3) For purposes of this subsection, the term ‘seri15 ous bodily harm’ means bodily injury or illness that in16 volves— 

17 ‘‘(A) a substantial risk of death; 

18 ‘‘(B) protracted unconsciousness; 

19 ‘‘(C) protracted and obvious physical disfigure20 ment; or 

21 ‘‘(D) protracted loss or impairment, either tem22 porary or permanent, of the function of a bodily 

23 member, organ, or mental faculty.’’. 

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1 (b) JURISDICTION FOR PROSECUTION UNDER STATE

2 AND LOCAL CRIMINAL LAWS.—Section 17 is further 

3 amended by adding at the end the following: 

4 ‘‘(o) Nothing in this Act shall preclude a State or 

5 local law enforcement agency from conducting criminal 

6 prosecutions in accordance with the laws of such State or 

7 locality.’’. 

8 SEC. 314. PREJUDGMENT INTEREST. 

9 Section 17(n) (29 U.S.C. 666(n)) (as redesignated by 

10 section 312(a)(5)) is amended by adding at the end the 

11 following: ‘‘Pre-final order interest on such penalties shall 

12 begin to accrue on the date the party contests a citation 

13 issued under this Act, and shall end upon the issuance 

14 of the final order. Such pre-final order interest shall be 

15 calculated at the current underpayment rate determined 

16 by the Secretary of the Treasury pursuant to section 6621 

17 of the Internal Revenue Code of 1986, and shall be com18 pounded daily. Post-final order interest shall begin to ac19 crue 30 days after the date a final order of the Commis20 sion or the court is issued, and shall be charged at the 

21 rate of 8 percent per year.’’. 

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1 TITLE IV—STATE PLANS 

2 SEC. 401. CONCURRENT ENFORCEMENT AUTHORITY AND 

3 REVIEW OF STATE OCCUPATIONAL SAFETY 

4 AND HEALTH PLANS. 

5 Section 18 (29 U.S.C. 667) is amended— 

6 (1) by amending subsection (f) to read as fol7 lows: 

8 ‘‘(f)(1) The Secretary shall, on the basis of reports 

9 submitted by the State agency and the Secretary’s own 

10 inspections, make a continuing evaluation of the manner 

11 in which each State that has a plan approved under this 

12 section is carrying out such plan. Such evaluation shall 

13 include an assessment of whether the State continues to 

14 meet the requirements of subsection (c) of this section and 

15 any other criteria or indices of effectiveness specified by 

16 the Secretary in regulations. Whenever the Secretary 

17 finds, on the basis of such evaluation, that in the adminis18 tration of the State plan there is a failure to comply sub19 stantially with any provision of the State plan (or any as20 surance contained therein), the Secretary shall make an 

21 initial determination of whether the failure is of such a 

22 nature that the plan should be withdrawn or whether the 

23 failure is of such a nature that the State should be given 

24 the opportunity to remedy the deficiencies, and provide no25 tice of the Secretary’s findings and initial determination. 

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1 ‘‘(2) If the Secretary makes an initial determination 

2 to reassert and exercise concurrent enforcement authority 

3 while the State is given an opportunity to remedy the defi4 ciencies, the Secretary shall afford the State an oppor5 tunity for a public hearing within 15 days of such request, 

6 provided that such request is made not later than 10 days 

7 after Secretary’s notice to the State. The Secretary shall 

8 review and consider the testimony, evidence, or written 

9 comments, and not later than 30 days following such hear10 ing, make a determination to affirm, reverse, or modify 

11 the Secretary’s initial determination to reassert and exer12 cise concurrent enforcement authority under sections 8, 9, 

13 10, 13, and 17 with respect to standards promulgated 

14 under section 6 and obligations under section 5(a). Fol15 lowing such a determination by the Secretary, or in the 

16 event that the State does not request a hearing within the 

17 time frame set forth in this paragraph, the Secretary may 

18 reassert and exercise such concurrent enforcement author19 ity, while a final determination is pending under para20 graph (3) or until the Secretary has determined that the 

21 State has remedied the deficiencies as provided under 

22 paragraph (4). Such determination shall be published in 

23 the Federal Register. The procedures set forth in sub24 section (g) shall not apply to a determination by the Secmstockstill on DSK4VPTVN1PROD with BILLS

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1 retary to reassert and exercise such concurrent enforce2 ment authority. 

3 ‘‘(3) If the Secretary makes an initial determination 

4 that the plan should be withdrawn, the Secretary shall 

5 provide due notice and the opportunity for a hearing. If 

6 based on the evaluation, comments, and evidence, the Sec7 retary makes a final determination that there is a failure 

8 to comply substantially with any provision of the State 

9 plan (or any assurance contained therein), the Secretary 

10 shall notify the State agency of the withdrawal of approval 

11 of such plan and upon receipt of such notice such plan 

12 shall cease to be in effect, but the State may retain juris13 diction in any case commenced before the withdrawal of 

14 the plan in order to enforce standards under the plan 

15 whenever the issues involved do not relate to the reasons 

16 for the withdrawal of the plan. 

17 ‘‘(4) If the Secretary makes a determination that the 

18 State should be provided the opportunity to remedy the 

19 deficiencies, the Secretary shall provide the State an op20 portunity to respond to the Secretary’s findings and the 

21 opportunity to remedy such deficiencies within a time pe22 riod established by the Secretary, not to exceed 1 year. 

23 The Secretary may extend and revise the time period to 

24 remedy such deficiencies, if the State’s legislature is not 

25 in session during this 1-year time period, or if the State 

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1 demonstrates that it is not feasible to correct the defi2 ciencies in the time period set by the Secretary, and the 

3 State has a plan to correct the deficiencies within a rea4 sonable time period. If the Secretary finds that the State 

5 agency has failed to remedy such deficiencies within the 

6 time period specified by the Secretary and that the State 

7 plan continues to fail to comply substantially with a provi8 sion of the State plan, the Secretary shall withdraw the 

9 State plan as provided for in paragraph (3).’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(i) Not later than 18 months after the date of enact12 ment of this subsection, and again 5 years thereafter, the 

13 Comptroller General of the United States shall complete 

14 and issue a review of the effectiveness of State plans to 

15 develop and enforce safety and health standards to deter16 mine if they are at least as effective as the Federal pro17 gram and to evaluate whether the Secretary’s oversight 

18 of State plans is effective. The Comptroller General’s eval19 uation shall assess— 

20 ‘‘(1) the effectiveness of the Secretary’s over21 sight of State plans, including the indices of effec22 tiveness used by the Secretary; 

23 ‘‘(2) whether the Secretary’s investigations in 

24 response to Complaints About State Plan Adminis25 tration (CASPA) are adequate, whether significant 

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1 policy issues have been identified by headquarters, 

2 and whether corrective actions are fully implemented 

3 by each State; 

4 ‘‘(3) whether the formula for the distribution of 

5 funds described in section 23(g) to State programs 

6 is fair and adequate; and 

7 ‘‘(4) whether State plans are as effective as the 

8 Federal program in preventing occupational injuries, 

9 illnesses, and deaths, and investigating discrimina10 tion complaints, through an evaluation of at least 20 

11 percent of approved State plans, and which shall 

12 cover— 

13 ‘‘(A) enforcement effectiveness, including 

14 handling of fatalities, serious incidents and 

15 complaints, compliance with inspection proce16 dures, hazard recognition, verification of abate17 ment, violation classification, citation and pen18 alty issuance, including appropriate use of will19 ful and repeat citations, and employee involve20 ment; 

21 ‘‘(B) inspections, the number of pro22 grammed health and safety inspections at pri23 vate and public sector establishments, and 

24 whether the State targets the highest hazard 

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1 private sector worksites and facilities in that 

2 State; 

3 ‘‘(C) budget and staffing, including wheth4 er the State is providing adequate budget re5 sources to hire, train and retain sufficient num6 bers of qualified staff, including timely filling of 

7 vacancies; 

8 ‘‘(D) administrative review, including the 

9 quality of decisions, consistency with Federal 

10 precedence, transparency of proceedings, avail11 ability of decisions and records to the public, 

12 adequacy of State defense, and whether the 

13 State appropriately appeals adverse decisions; 

14 ‘‘(E) anti-discrimination, including whether 

15 discrimination complaints are processed in a 

16 timely manner, whether supervisors and inves17 tigators are properly trained to investigate dis18 crimination complaints, whether a case file re19 view indicates merit cases are properly identi20 fied consistent with Federal policy and proce21 dure, whether employees are notified of their 

22 rights, and whether there is an effective process 

23 for employees to appeal the dismissal of a com24 plaint; 

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1 ‘‘(F) program administration, including 

2 whether the State’s standards and policies are 

3 at least as effective as the Federal program and 

4 are updated in a timely manner, and whether 

5 National Emphasis Programs that are applica6 ble in such States are adopted and implemented 

7 in a manner that is at least as effective as the 

8 Federal program; 

9 ‘‘(G) whether the State plan satisfies the 

10 requirements for approval set forth in this sec11 tion and its implementing regulations; and 

12 ‘‘(H) other such factors identified by the 

13 Comptroller General, or as requested by the 

14 Committee on Education and the Workforce of 

15 the House of Representatives or the Committee 

16 on Health, Education, Labor, and Pensions of 

17 the Senate.’’. 

18 TITLE V—NATIONAL INSTITUTE 

19 FOR OCCUPATIONAL SAFETY 

20 AND HEALTH 

21 SEC. 501. HEALTH HAZARD EVALUATIONS BY THE NA22 TIONAL INSTITUTE FOR OCCUPATIONAL 

23 SAFETY AND HEALTH. 

24 Section 20(a)(6) (29 U.S.C. 669(a)(6)) is amended 

25 by striking the second sentence and inserting the folmstockstill on DSK4VPTVN1PROD with BILLS

49 

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1 lowing: ‘‘The Secretary shall determine following a written 

2 request by any employer, authorized representative of cur3 rent or former employees, physician, other Federal agency, 

4 or State or local health department, specifying with rea5 sonable particularity the grounds on which the request is 

6 made, whether any substance normally found in the place 

7 of employment has potentially toxic effects in such con8 centrations as used or found or whether any physical 

9 agents, equipment, or working condition found or used has 

10 potentially hazardous effects, and shall submit such deter11 mination both to employers and affected employees as 

12 soon as possible.’’. 

13 TITLE VI—EFFECTIVE DATE 

14 SEC. 601. EFFECTIVE DATE. 

15 (a) GENERAL RULE.—Except as provided for in sub16 section (b), this Act and the amendments made by this 

17 Act shall take effect 90 days after the date of enactment 

18 of this Act. 

19 (b) EXCEPTION FOR STATES AND POLITICAL SUB20 DIVISIONS.—The following are exceptions to the effective 

21 date described in subsection (a): 

22 (1) A State that has a State plan approved 

23 under section 18 of the Occupational Safety and 

24 Health Act of 1970 (29 U.S.C. 667) shall amend its 

25 State plan to conform with the requirements of this 

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50 

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1 Act and the amendments made by this Act not later 

2 than 12 months after the date of the enactment of 

3 this Act. The Secretary of Labor may extend the pe4 riod for a State to make such amendments to its 

5 State plan by not more than 12 months, if the 

6 State’s legislature is not in session during the 12- 

7 month period beginning with the date of the enact8 ment of this Act. Such amendments to the State 

9 plan shall take effect not later than 90 days after 

10 the adoption of such amendments by such State. 

11 (2) This Act and the amendments made by this 

12 Act shall take effect not later than 36 months after 

13 the date of the enactment of this Act with respect 

14 to a workplace of a State, or a political subdivision 

15 of a State, that does not have a State plan approved 

16 under such section 18 (29 U.S.C. 667). 

Æ 

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